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H1 VISA to H4 VISA back to H1 VISA : Urgent Help Required

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Hi ,

I am in USA and have valid H1B till Dec 2013 .

Currently , I am on bench with my current employer , and my spouse is also here on H1 through same employer. I want to stay with my spouse hence ,I was thinking of transfering  my visa from H1 to H4 .

Once I get job opportunity again with my current employer I would like to convert H4  to H1.

My questions are :

1. What is the process to convert H1 to H4?

2. What will be the status of my H1B once I have applied/or I have H4 visa.

As my current H1B is still valid till Dec 2013 will it get cancelled once I get converted to H4?

I have heard on various forums that , if I convert my H1 to H4,my H1 status will be suspended and not cancelled. Is it true?

3. If opportunity comes for work while I am on H4 , does my current employeer who has processed my H1B need to apply for H1 again  in quota or will he use the existing  H1 which is valid till Dec 2013 .

4. How much time would it take to convert back from H4 to H1 and the cost involved for the employeer to do the same.

Please provide us with your valuable guidance as soon as possible as this is urgent.
asked Jul 14, 2012 in H1B Visa by dshinde (140 points)

1 Answer

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Que1:In order to convert H1 to H4 you need  to apply change of status, fee would be around $300 and it takes around 2months(depends on processing timings)

Ques2:once your change of status(h4) approves u will be in h4 status,present H1 will be suspended temp basis.

ques3:)you can still use existing one but your employer has to file h1b amendment with new LCA.

Ques 4:)timeline of H4  to H1  would be around 2 to 3 months if its regular.premium would take around 10 days(1250$ cost extra).
answered Jul 15, 2012 by srinni (140 points)
edited Jul 15, 2012 by srinni

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